Under the current law, the police and prosecutors cannot act against copyright infringement unless the copyright holders themselves file a formal complaint.

This is how it really SHOULD be. This is how it originally was in the US, and how it is SUPPOSED to be in the US. Copyright was originally a civil matter ("sue"), not a criminal matter ("charged"). I really hope the whole TPP thing falls apart, because it sounds like the US Big Content side of things is trying to grab too much power.

No one's going to prosecute cosplayers, because it's a lot of legal money down the drain for no tangible reward, since the "offender" wearing the costume sure as hell won't be able to pay up for allegedly "violating" copyright. Plus, it will look bad for the copyright holder to attack one of its fans promoting its franchises. Look how well it worked out for FOX when they tried to shut down fan sites for Buffy and The Simpsons.

I think there's an element of Chicken Little syndrome here. That said, if they're REALLY trying to make the laws uniform, a Japanese fair use provision would go a long way toward addressing some of the complaints.

As for criminalizing infringement, I have no problem with the basic concept. If an infringer continues to ignore judgments, sometimes government prosecution is the only thing that gets his or her attention. HOWEVER, I am not on board with the government having the power to make that decision unilaterally, before a copyright holder asks for help. That's kind of scary, and it can prevent copyright holders from exercising their right to allow copying if they see fit, which is the opposite of how the law is supposed to work.

At the Monday seminar (during which Fukui also spoke), Hachiya said that he fears that the police would be given the discretion on what to prosecute, particularly on "erotic" material. He further asserted that even cosplay outfits can been prosecuted if the police decides that they are not allowed.

"Excuse me, miss, but I'm going to need you to strip out of your Madoka costume...NOW!"

Pff. Like the bolded part will never be abused.

I think cosplay could still exist under the agreement, but you'd have to deliberately modify your outfit so that you don't look exactly like the character in question...though, that kind of defeats the purpose of cosplay, doesn't it?

I think cosplay could still exist under the agreement, but you'd have to deliberately modify your outfit so that you don't look exactly like the character in question...though, that kind of defeats the purpose of cosplay, doesn't it?

As if they don't do it already on a constant basis? How many Not-Sexy no Jutsus, Pudgy Yoko's, Hambeast Hetalia Nations, etc.

(Yes, primarily US cons in general, but understand the USA is a signatory of the treaty!!)

No one's going to prosecute cosplayers, because it's a lot of legal money down the drain for no tangible reward, since the "offender" wearing the costume sure as hell won't be able to pay up for allegedly "violating" copyright. Plus, it will look bad for the copyright holder to attack one of its fans promoting its franchises. Look how well it worked out for FOX when they tried to shut down fan sites for Buffy and The Simpsons.

Except under the proposal, it will be the police making that decision, NOT the copyright holders. Even if they ultimately decide to drop charges--and remember the proposal includes statutory damages--they, the police and government officials are the ones who alone decides who to arrest (hence the fears of using this law to go after erotic cosplay as well)

I agree with the first poster. Someone just needs to go in and clarify that copyright violation is a CIVIL matter and CRIMINAL arrests should NEVER be made.

Basically what this will lead to is: as long as you're at a con or other cosplay-sanctioned event, police will be lenient, but don't let them catch you eating at Denny's between sessions in full cosplay or you might be headed downtown...

No one's going to prosecute cosplayers, because it's a lot of legal money down the drain for no tangible reward, since the "offender" wearing the costume sure as hell won't be able to pay up for allegedly "violating" copyright. Plus, it will look bad for the copyright holder to attack one of its fans promoting its franchises.

Yeah, it's up to the J-police, but it's not like the J-police has not been lax in their enforcement of laws before, like the prostitution and anti-gang (aka Yakuza) laws - prostitution and Yakuza are still alive and well. Ya guys are giving the J-police too much credit - they are used to looking the other way for a lot of things.

mrdarkrai wrote:

Has no one offered them the suggestion of a general strike in the entertainment industry?

"Excuse me, miss, but I'm going to need you to strip out of your Madoka costume...NOW!"

More like, "Excuse me, miss, but you can't wear that costume here. I'm sorry, but you're breaking the law."

I don't agree with this either, especially since it wouldn't stop with anime/comic book/what have you conventions. It could also affect trick-or-treating as well; even Halloween parties wouldn't be safe. Copyright infringment is bad and all, but whether or not whoever does it has to pay the consequences should, and has to be up to the copyright holders, some of whom may or may not want that. I mean, "imitation is the sincerest form of flattery", right? As at least one person has pointed out, it also kind of acts as free promotion for whatever work is being referenced. The law would be overstepping its authority on this.

In any case, I hope this doesn't happen. The creators (and other copyright holders) need to be the ones to decide whether or not a costume infringes on their rights. If/when they decide that that's the case, only THEN should that be when the law can step in. Otherwise, this would make our local police force no different than the Gestapo in this respect (may or may not be hyperbolic, but you get the idea)...

"Everyone must change out of their costumes now, or leave the premises [sp?]! Otherwise, you will all be placed under arrest!"

No one, whether going to a convention or even trick-or-treating/going to a halloween party should have to suffer this (the above is a hypothetical scenario, but still). In fact, under U.S. law, this could even be considered unconstitutional...

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